Archived
Can the Family Court Judge make me leave the marital residence (apartment) and put my wife who was excluded back in?
David's answer
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Answered on March 26, 2015
The Family Court Judge doesn't have the power to remove you from your residence, absent a family offense petition requesting exclusion. Even then,...
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Archived
Can i be sued for 216,725.55 for cost and attorney cost
David's answer
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Answered on March 25, 2015
In what context is he suing, in a Supreme Court matrimonial action or a regular civil suit? Anyone can sue for anything, the question is whether...
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Child support case is in NY. Can I file to cancel the case from the another state?
David's answer
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Answered on March 25, 2015
Further facts would be needed to assess jurisdiction. Generally if NY issued the order, NY retains exclusive jurisdiction so long as 1 parent...
Archived
What legal remedies do I have in my fraudulently obtained divorce?
David's answer
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Answered on March 24, 2015
If you were the plaintiff, I'm then baffled by how the Court could have proceeded to trial without you. You're saying a trial was conducted & you...
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Would like my husband to adopt my son
David's answer
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Answered on March 24, 2015
It's probable the Court will deem him to be at least a "notice father," meaning he's entitled to be served with notice of the adoption proceeding. ...
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My 16yr old son is in special ed with executive functioning disorder. He was tattooed at a licensed parlor without my consent.
David's answer
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Answered on March 23, 2015
Assuming you have sole or primary residential custody, this would appear to be a violation of the order. You can file an enforcement petition,...
Archived
Filing a Notice of Claim in Police Misconduct case
David's answer
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Answered on March 23, 2015
If the police are not confirming they are the ones doing the surveillance, then it's be your burden to prove they're the ones behind it. Thus, my...
Archived
Which school district after divorce?
David's answer
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Answered on March 23, 2015
You're best advised to contact the school district regarding their individual policies. Some schools allow this if the parties have joint custody...
Archived
Changing mind close to divorce settlement
David's answer
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Answered on March 23, 2015
You can always withdraw, unless he's filed a counter-claim & thus has his own divorce pending. Depending on the stage you're in with the case, you...
Archived
My ex wife wants to relocate with son to Texas to help with the care of her sick parents. Legitimate reason or no?
David's answer
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Answered on March 23, 2015
This doesn't seem to me to be a legitimate reason, since the focus on any custody relocation case is whether the move is in the best interests of...